Whiplash! Do I Need an Attorney?

When you hear the word, “whiplash,”
it brings to mind many different thoughts: motor vehicle collision
(MVC), neck pain, headaches, concussion, jaw pain, litigation, car
damage estimates, possibly needing a new car, medical costs, doctor’s
appointments, sleepless nights, and more. Questions typically asked when
a MVC occurs include the following: 1. Do I need to get an attorney? 2.
What can I expect for recovery time from my neck pain? 3. Why is it
taking so long to get my car fixed? 4. Should I talk to the insurance
company when they call? 5. I have to give a deposition next week. What
is that? 6. My case didn’t settle and we’re going to court. How do I
prepare for that? 7. The insurance company is offering $XXXX.XX for a
settlement. What do you think my problems will be down the road?

Let’s take a look at these!

Should
you obtain the services of an attorney? If you want to significantly
reduce your stress when it comes time to negotiating with the insurance
company, especially towards the end of the process, then YES! Needless
to say, you will likely need to seek council if you plan to not settle
and need to go to court. However, you do not have to get an attorney
immediately unless you just don’t want to deal with the insurance
company at all. Typically, it’s worth having an attorney as they are
experienced in “…the process.”

Recovery from neck pain can vary between a simple strain at 2-6 weeks to a herniated disk that may require surgery.

The
insurance company may delay the payment of the car repair costs for a
number of reasons. Until the insurance company inspects the car’s
damages, they will not authorize the repair shop work, which can take
weeks!

If you have hired an attorney, he/she will communicate
for you. If not, it is appropriate for you to communicate with the
insurance company. The important thing is to NOT settle the claim until
you’re sure you can do all of your pre-MVC activities without difficulty
or pain, which can take a full year or more.

These are called
“discovery depositions” where you will be asked questions about the
accident such as, where you hurt, what you can and can’t do since the
MVC, what tests and treatment you’ve received and what the results were,
etc. Your attorney will tell you the strengths and weaknesses of your
case. The deposition “process” is quite easy and there is no reason to
feel intimidated. Most attorneys are very courteous and will treat you
kindly so don’t worry unnecessarily!

Preparing for court is
similar except you can’t ask questions – they ask & you answer! Your
attorney will tell you to answer only the question being asked and your
attorney will later be able to ask you to clarify what was “left out.”
Always be kind, courteous, and NEVER let the other attorney get you
angry!

See #2 above. If you have ongoing radiating pain in your
arm (from your neck) or leg (from your low back), the “prognosis” for
complete recovery is less favorable. Similarly, if you have ligament
damage in your neck, there will probably be an accelerated pace of
arthritis formation that may not bother you much for 5-10 years or
longer but may later in life. Your doctor of chiropractic, as your
expert witness, will describe your “impairment” and bring this to the
jury’s attention.

Members of ChiroTrust® have taken “The ChiroTrust Pledge”: “To the best of my ability, I agree to provide my patients convenient, affordable, and mainstream Chiropractic care. I will not use unnecessary long-term treatment plans and/or therapies.”

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This information should not be substituted for medical or chiropractic advice. Any and all health care concerns, decisions, and actions must be done through the advice and counsel of a health care professional who is familiar with your updated medical history.